Please use this identifier to cite or link to this item: http://bura.brunel.ac.uk/handle/2438/6021
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dc.contributor.authorMontagnani, ML-
dc.contributor.authorBorghi, MA-
dc.date.accessioned2011-11-28T09:43:31Z-
dc.date.available2011-11-28T09:43:31Z-
dc.date.issued2007-
dc.identifier.citationInternational Journal of Communications Law and Policy (IJCLP), 12(Winter 2007), 244 - 273, 2007en_US
dc.identifier.urihttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=1020997en
dc.identifier.urihttp://bura.brunel.ac.uk/handle/2438/6021-
dc.descriptionThe article can be obtained from the link below - Copyright @ 2007 Social Science Electronic Publishing, Inc.en_US
dc.description.abstractPositive copyright appears to have been progressively turned away from its normative function of ensuring a fair and efficient transmission of human knowledge. The private sector is seeking to counterbalance this phenomenon by adopting legal tools that expand the public domain of knowledge, such as web-based licences modelled on the open access approach. The increasing world-wide preference for Creative Commons licences confirms their aptness to transform copyright law into a tool flexible enough to serve authors' several purposes. Such a spontaneous counterbalance experiences many difficulties though, because of the structure that positive copyright has adopted over the last few years. The current situation is an excellent point from which to look back at how authors used to disseminate their works before the advent of the Internet. From a historical view-point copyright has always accomplished the twin functions of economically rewarding authors and enabling communication of their creations to the public. The latter goal is achieved by means of statutory mechanisms limiting the freedom of contract between authors and their counterparts (intermediaries in a broad sense), in order to enforce the authors' capacity to publicise their works. In the current digital environment, however, these mechanisms are not likely to accomplish their original functions. This paper seeks to explore an adjustment that will permit authors to take advantage of all the new means of commercial exploitation and non-commercial dissemination of their works offered by the Internet. Such an adjustment aims also at realigning positive and normative copyright by encompassing the use of open content licensing within the current copyright framework.en_US
dc.language.isoenen_US
dc.publisherSocial Science Electronic Publishingen_US
dc.subjectCopyright lawen_US
dc.subjectOpen contenten_US
dc.subjectLicensingen_US
dc.subjectFreedom of contracten_US
dc.subjectIntellectual propertyen_US
dc.subjectCreative commonsen_US
dc.titlePositive copyright and open content licences: How to make a marriage work by empowering authors to disseminate their creationsen_US
dc.typeArticleen_US
pubs.organisational-data/Brunel-
pubs.organisational-data/Brunel/Brunel (Active)-
pubs.organisational-data/Brunel/Brunel (Active)/Brunel Law School-
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Brunel Law School Research Papers

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